darrenfisher2

My wife was born on a British Army base in Rinteln, Germany. It clearly states on her birth certificate that she was born in Germany but also states she is a British citizen. Can she qualify to enter the green card lottery? As Germany qualifies for the green card lottery, but the UK does not.

She was born in Germany, but is a British Citizen. She holds a British passport. If she does qualify can the application include myself (husband) and our three children (all under ten years of age) we are british citizens?

Many thanks

Darren

ian-mstm

Citizenship doesn't matter. All that matters is place of birth.

Ian

darrenfisher2

so even though here parents are english and she was born on a British Army base in germany she can still apply for the lottery? that is good news

darrenfisher2

sorry to double post but would I and our three children also get green cards if she won one through the lottery? many thanks

meauxna

I forget the outcome.. see if you find the answer in here: http://britishexpats.com/forum/showthread.php?t=488371

meauxna

If one person wins, the whole family gets to come along (spouse + children).

Folinskyinla

Hi:

First of all -- please note that the countries eligible for "diversity visas" are determined on a yearly basis. Although it is not likely there will be a change for DV 2010, it could happen.

Under US law, as a general rule, country "chargeability" is determined by the country of BIRTH, not citizenship. [There are limited exceptions not applicable here].

So, assuming Germany remains on the list, your wife will be eligible to enter. Good news.

Second, under the rules of "cross-chargeability", YOU are eligible to enter by using your wife's place of birth since your place of birth would disqualify you. But when it comes time to immigrate, you and your wife would have to immigrate together. Further good news.

So, if you should "win", your wife, you, and your children may be able to obtain visas under the allocation for Germany.

Explaining this is like explaining the dreaded "Rule Against Perpetuities". So please don't ask for an explanation.

Ray

A british army base is technically British soil ....

dont know if that makes a difference

JAJ

It is not. Military facilities of visiting forces remain the sovereign territory of the host nation.

The exception is the Sovereign Base Areas in Cyprus.

Folinskyinla

Hi:

I'm not so sure of that. http://www.auswaertiges-amt.de/diplo...ungsrecht.html

Ray

I was not sure.. but remember an incident
I was involved with some 25 years ago where the point came up ...

JAJ

Foreign military bases (and embassies) often have special immunities from the laws of the host nation. They remain sovereign territory of the host nation, however.

Ray

Ah yes !! that would definitely be it ... it was crime related

Folinskyinla

Hi:

Embassies have extraterritorial status. That is why you see incidents of people taking refuge in embassies.

Military bases are something else and usually subject to a "SOFA" or Status of Forces Agreement. Quite often, a part of a SOFA involves jurisdiction over crimes committed by the foreign military members. I recall a situation on Okinawa quite some years back where the SOFA gave the US jurisdiction to try the Marine in question -- for purposes of international relations, the Marine was turned over to the Japanese authorities for trial and punishment. If I recall correctly, the Marine argued that he had the right to invoke the jurisdictional requirements of the SOFA and it was ruled that the SOFA gave no enforceable rights to him as an individual.

darrenfisher2

One more question if you don't mind. When you state 'YOU are eligible to enter by using your wife's place of birth since your place of birth would disqualify you.' Does this mean on the form for the lottery application, do I (the Husband) and my children put down that our place of birth was also Germany? Or do we put our actual place of birth, which is the UK? (I guess we put the UK, and my wife's German place of Birth just makes us eligible to go with her should she win?). Hope i've explained that well enough...sorry sounds like a dumb question but don't want to mess it up.

Many thanks to all of you for all your great help